Leasing of 2024 Lunar New Year Fair Remaining Stalls on a First-Come-First-Served Basis

Lunar New Year Fair Venues and Fair Period

The 2024 Lunar New Year Fairs will be held for seven days from 4 February 2024 to the early morning of the 2024 Lunar New Year Day (i.e. 10 February 2024) at the following locations (collectively, “Fairs” and the locations are collectively known as “Fair Venues” and each a “Fair Venue”)-

A total of 54 dry goods stalls which have not been let out in open auctions of Lunar New Year fair stalls held since 13 November 2023 will be leased at their upset prices on a first-come-first-served basis. Particulars are as follows:-

Date:	13 December 2023 (Wednesday) to 19 December 2023 (Tuesday) (except Saturday and Sunday)
Time:	9:30 a.m. - 12:30 p.m. and 2:30 p.m. - 4:30 p.m.

Let-Out Location	Lunar New Year Fair Stalls
Hawkers and Markets Section (Hong Kong and Island), Food and Environmental Hygiene Department 8/F, Lockhart Road Municipal Services Building, 255 Hennessy Road, Wan Chai, Hong Kong Enquiry: 2879 5706	(a) Victoria Park, Causway Bay Dry Goods Stalls (27 nos.):- 16, 21, 25, 90, 93, 98, 156, 157, 158, 160, 161, 165, 167, 169, 170, 171, 172, 173, 177, 178, 183, 188, 192, 194, 198, 199 and 200 (please see stall location at Annex II) Designated stall*
District Environmental Hygiene Office (Islands), Food and Environmental Hygiene Department Room 626, 6/F, Harbour Building, 38 Pier Road Central, Hong Kong Enquiry: 2852 4549	(b) Tat Tung Road Garden, Tung Chung Dry Goods Stalls (12 nos.):- 14, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 (please see stall location at Annex III)
Hawkers and Markets Section (Kowloon) Office, Food and Environmental Hygiene Department Rm 301-302, 3/F, Food and Environmental Hygiene Department Nam Cheong Offices and Vehicle Depot, 87 Yen Chow Street West, Kowloon Enquiry: 2309 2086	(c) Fa Hui Park, Sham Shui Po Dry Goods Stalls (15 nos.):- 3, 4, 37, 43, 44, 47, 48, 49, 51, 52, 54, 55, 57, 58* and 59 (please see stall location at Annex IV) Designated stall*

Let-Out Location

Lunar New Year Fair Stalls

Hawkers and Markets Section (Hong Kong and Island), Food and Environmental Hygiene Department

8/F, Lockhart Road Municipal Services Building, 255 Hennessy Road, Wan Chai, Hong Kong

Enquiry: 2879 5706

(a) Victoria Park, Causway Bay

Dry Goods Stalls (27 nos.):-

16, 21, 25, 90, 93, 98, 156, 157*, 158, 160*, 161, 165, 167*, 169, 170*, 171, 172, 173, 177, 178, 183, 188, 192, 194, 198, 199 and 200

(please see stall location at Annex II)

Designated stall*

District Environmental Hygiene Office (Islands), Food and Environmental Hygiene Department

Room 626, 6/F, Harbour Building, 38 Pier Road Central, Hong Kong

Enquiry: 2852 4549

(b) Tat Tung Road Garden, Tung Chung

Dry Goods Stalls (12 nos.):-

14, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28

(please see stall location at Annex III)

Hawkers and Markets Section (Kowloon) Office, Food and Environmental Hygiene Department

Rm 301-302, 3/F, Food and Environmental Hygiene Department Nam Cheong Offices and Vehicle Depot, 87 Yen Chow Street West, Kowloon

Enquiry: 2309 2086

Dry Goods Stalls (15 nos.):-

3, 4, 37, 43, 44, 47, 48, 49, 51, 52, 54, 55, 57, 58* and 59

(please see stall location at Annex IV)

Designated stall*

Remarks
Please consult the relevant let-out offices for updated numbers and locations of remaining stalls.
*Licensees of the designated stalls could keep, store or use helium cylinders in the licenced area, the quantity of helium should be such that a licence is not required pursuant to the Dangerous Goods (Application and Exemption) Regulation 2012 (Cap. 295E), i.e. equivalent to 150 litres of helium.

Conditions and Requirements for Letting of Stalls

Any person who is 18 years of age or above, and treated as ordinarily resident in Hong Kong under section 2 of the Immigration Ordinance (Cap. 115) can take part in the selection of remaining stalls.
Any person who meets the requirement of item 3(a) above can only select one stall at a time.
A stall will be allocated on a “first-come-first-served” basis. Applicants should queue up at the specified queue-up point and their priority of stall selection will be determined by their position in the queue. The Department reserves the right to withdraw any stall from letting before it is selected by an applicant.
Any person who has engaged in or committed any of the following acts will not be allowed to participate in selection of stalls:-
1. using dishonoured cheques or failing to pay any sum required immediately after the successful bidding at any auction organized by the Government or selection of a stall at first-come-first-served arrangements; or
2. mutilating, destroying, damaging or abandoning unsold commodities (including flowers and plants) at and in the vicinity of stalls during or after conclusion of the previous Lunar New Year Fairs, Che Kung Festival Fair and Tai Po Lam Tsuen Fong Ma Po Fair; or
3. providing false information on his/her business name or address; or
4. breaching any one of the following clauses stipulated in the licence agreement in respect of the previous Lunar New Year Fairs which requires the licensee -
  1. not to assign, sublet, transfer or otherwise part with any of the rights, benefits or obligations of the licence agreement;
  2. not to use the licence area for gambling or for any unlawful or immoral purpose;
  3. not to stock, display, provide, offer for sale or sell at the fair venue any (a) animals and birds; (b) alcoholic drinks; (c) counterfeit goods; or (d) Class II Articles (indecent) or Class III Articles (obscene) under the Control of Obscene and Indecent Articles Ordinance (Cap. 390);
  4. to comply with the directive of the Government to stop conducting any activity to publicize, promote, display, show, sell or gift any article in the fair venue which the Government considers to be unlawful (including breach of any laws or regulations of Hong Kong including the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (“National Security Law”)), immoral or incompatible with the object of the Lunar New Year Fair (i.e. a joyful celebration of the Lunar New Year for all ages);
  5. not to display or sell any commodities other than those specified in the First Schedule of the licence agreement without the Food and Environmental Hygiene Department (“Department”)'s prior permission in writing;
  6. to ensure that the height of dry goods stalls and fast food stalls not to exceed 3 m from ground level;
  7. to have obtained a temporary food factory licence from the Department and not to use gas or other fuel (other than electricity) for heating/warming of food/drink items (applicable to fast food stalls);
  8. to comply with certain requirements regarding the keeping, storage and usage of helium cylinders in the licence area; or
  9. not to (whether by himself/herself or through his/her employees or agents) (a) conduct any act (including chanting slogans, using language, displaying messages or signs through any medium (such as leaflets, banners, items of clothing, audio, visual or electronic devices), and holding gatherings or activities) in such a manner which, in the opinion of the Government, might disturb or affect public order or public safety at a fair venue; cause or lead to a breach of the peace at or in the vicinity of a fair venue; obstruct the free or smooth movement of visitors or otherwise increase the Government's difficulty in managing the crowds in a fair venue; cause any nuisance, damage, disturbance, annoyance, inconvenience or interference to a fair venue or to any persons at a fair venue; or be offensive, insulting or abusive to any persons at a fair venue; (b) behave otherwise than in an orderly and decent manner; or (c) bring any furniture, equipment (including loud hailers, amplifiers and other audio, visual or electronic devices), goods, chattels (including banner stands, ornaments and articles) into a fair venue except as is necessary for conducting business in the licence area.
A selection by a person who is prohibited from participating will become null and void irrespective whether the selection has been accepted or not.
Immediately after selection of the stall, the successful applicant is required to register in person on the spot in his/her own name as a Licensee (body corporate or unincorporate will not be accepted) and to pay the upset price of the selected stall in cash or by cheque (post-dated cheque will not be accepted) or by Faster Payment System (FPS). If the successful applicant fails to pay the sum required immediately, he/she will have to forefeit his/her right to the stall and the stall will be put up for selection by other person straight away.
In case of payment by cheque, it must be crossed and made payable to “The Government of the Hong Kong Special Administrative Region” or “The Government of the HKSAR”. Applicants whose cheques are dishonoured will be liable for the required sum in arrears and other damages or losses suffered by the Government.
Successful applicants will be required to enter into a licence agreement ( “Licence Agreement”) with the Government in the form attached in Annex V. Before signing the Licence Agreement, successful applicants should read the Licence Agreement carefully. Successful applicants should also read the Pleasure Grounds Regulation (Cap. 132BC) at Annex VI.
Notwithstanding any provisions in this Public Notice, the Government reserves the absolute right not to enter into a Licence Agreement with any successful applicant without cause. The Government will not be responsible for any claim, legal proceeding, liability, loss, damage or any cost or expense suffered or incurred by the successful applicant.
No smoking, recording or photo-taking is allowed at the selection venue.
No food or drinks is allowed at the selection venue.
Participants who are improperly dressed will not be allowed to enter the selection venue.
Participants should switch off their mobile phones, alarm watch and any other beeping devices while the selection is in progress.
During the selection, no one shall behave in such a manner that causes or is likely to cause undue disturbance or disorder, or in any manner whatsoever which interferes with or is likely to interfere with the selections of other persons or cause other persons to surrender their selections for a certain stall. The person who commits such act will be removed and will not be allowed to enter the selection venue again until the conclusion of the selection. Any one who uses abusive language to the officers on the spot, willfully obstructs or resists the officers concerned in the execution of their duties shall be guilty of an offence and may be liable to prosecution.
By making a selection, the applicant represents that he/she agrees to be bound by the above selection rules, conditions and requirements.

Number and size of stalls

The number and size of the remaining stalls concerned are as follows:-

Venues Dry Goods Stalls

Number Size

(a) Victoria Park, Causeway Bay 27 3m x 1.5m

(b) Tat Tung Road Garden, Tung Chung 12 2.4m x 2m

(c) Fa Hui Park, Sham Shui Po 15 3m x 1.5m

Venues	Dry Goods Stalls
Number	Size
(a) Victoria Park, Causeway Bay	27	3m x 1.5m
(b) Tat Tung Road Garden, Tung Chung	12	2.4m x 2m
(c) Fa Hui Park, Sham Shui Po	15	3m x 1.5m

Upset Prices

The upset prices of the remaining stalls concerned are as follows:-

Lunar New Year Fair Dry Goods Stalls

(a) Victoria Park, Causeway Bay $ 8,540

(b) Tat Tung Road Garden, Tung Chung $ 450

(c) Fa Hui Park, Sham Shui Po $ 7,800

Lunar New Year Fair	Dry Goods Stalls
(a) Victoria Park, Causeway Bay	$ 8,540
(b) Tat Tung Road Garden, Tung Chung	$ 450
(c) Fa Hui Park, Sham Shui Po	$ 7,800

Duration for Setting up of Stalls (not open to public)

All the Fair Venues will be opened to the Licensees for setting up of stalls for 3 days from 1 February 2024 (“commencement date”) to 3 February 2024. The Government reserves the right to postpone the commencement date at any time without cause by giving an oral (by way of press release, public announcement or other similar communications) or written notice to the Licensees.

Special Note (Government's right to suspend/cancel the Fairs)

The Government may from time to time during the licence period close or restrict the use of or access to the whole or any part of the Fair Venues for the purposes of implementing infection control measures, crowd control or carrying out of such maintenance or repair as it considers necessary. The Government may also adjust the scale and business hours of the Fairs, and tighten up the admission requirement of the public. Interested parties should fully consider these factors before participating in the selection.
The Government reserves the right to suspend or cancel the Fairs in whole or in part at any time without cause by giving an oral (by way of press release, public announcement or other similar communications) or written notice to the Licensees.
Where the Fairs are cancelled before the commencement date, the bidding price (i.e. licence fee) will be refunded to the Licensees concerned without interest. Where the duration of the licence period is shortened due to postponement of the commencement date or suspension or cancellation under paragraph 7 or 8 above of the Fairs, the licence fee will be refunded to the Licensees concerned without interest on a pro rata basis based on the formulas set out in the Licence Agreement.

Sale of Permitted Commodities at Fair Stalls

There is restriction on the sale or gift of commodities at the Lunar New Year Fair stalls. A list of the commodities allowed to be sold at the Fairs (“Permitted Commodities”) is at the First Schedule of the Licence Agreement. Applicants are reminded that Aquarium Fish is deleted from the list. Sale of the following commodities are strictly prohibited at the Fairs -

(a)	Pre-cooked Fast Food	except at the fast food stalls
(b)	Bread and Cakes
(c)	Instant Snacks prepared on site
(d)	Ice-cream
(e)	Bottled and Non-bottled Drinks
(f)	Fish, Animals and Birds
(g)	Counterfeit Goods
(h)	Dangerous Articles such as Knives and Axes
(i)	Hydrogen-filled balloons*
(j)	Bottled foam and bottled aerosol streamers
(k)	Alcoholic drinks, cigarette, cigar and tobacco
(l)	Floatable LED glowing balloons

Remarks
* Owing to close proximity of the Lunar New Year Fair at Tat Tung Road Garden in Tung Chung to the Hong Kong International Airport, NO hydrogen-filled balloons or balloons / gas filling articles that are inflated with helium gas / other gases alike in nature (including their mixtures) which would enable the inflated balloon or article to fly or float in the open air, could be sold in the stalls in the Lunar New Year Fair at Tat Tung Road Garden.

Licensees are not allowed to stock, display, provide, offer for sale or sell at the Fair any Class II Articles (indecent) or Class III Articles (obscene) under the Control of Obscene and Indecent Articles Ordinance (Cap. 390)
Remarks
Under the Control of Obscene and Indecent Articles Ordinance, Cap. 390, obscene and indecent articles mean any material with violent, depraved and repulsive element. Successful bidders may submit to the Obscene Articles Tribunal (the “Tribunal”) articles concerned for classification purposes. For enquiries on the relevant procedures, fees and other details, successful bidders may consult the Tribunal at 2886 6807. For enquiries about the Ordinance, please consult the Office for Film, Newspaper and Article Administration [Email: naa@ofnaa.gov.hk or Tel: 2676 7676].
A Licensee may only use his/her stall and must ensure that his/her stall will be used solely for the purpose of conducting the business of selling and promoting the sale of the Permitted Commodities at the Fairs on the Licensee's own account. A Licensee is prohibited from using his/her stalls for conducting any other activities.

Activities at Fairs and Use of Fair Stalls

Lunar New Year Fair is a traditional festive activity suitable for all ages of the public to participate. If the Department considers that any activity conducted by a Licensee to publicize, promote, display, show, sell or gift any Permitted Commodities in the venue is unlawful (including breach of any laws or regulations of Hong Kong including the National Security Law), contrary to the interest of national security, immoral or incompatible with the object of the Lunar New Year Fair (i.e. joyful celebration of the Lunar New Year for all ages), the Department is entitled to direct the Licensee to stop conducting such activity and the Licensee must immediately comply with such direction.
A Licensee (whether by himself/herself or through his/her employees or agents) - (a) must comply with all applicable legal requirements and must not in any way act contrary to or inconsistently with any of the laws in force in Hong Kong (including the Basic Law and the National Security Law) when carrying out the business of selling and promoting the sale of Permitted Commodities at the Fairs; and (b) must comply with the latest directions of the Government issued through notices published in the Gazette or otherwise under all applicable Ordinances and subsidiary legislation thereunder (including but not limited to the Prevention and Control of Disease Ordinance (Cap. 599) and all subsidiary legislation thereunder ), as well as any directions given by the Department on the prevention and control measures against infectious diseases to be implemented at the Fair Venues. A Licensee must also obtain all licences, permits and/or authorisation necessary for conducting the business at the Fairs.
A Licensee (whether by himself/herself or through his/her employees or agents) must not (a) conduct any act (including chanting slogans, using language, displaying messages or signs through any medium (such as leaflets, banners, items of clothing, audio, visual or electronic devices), and holding gatherings or activities) in such a manner which, in the opinion of the Government, might disturb or affect public order or public safety at a Fair Venue; cause or lead to a breach of the peace at or in the vicinity of a Fair Venue; obstruct the free or smooth movement of visitors or otherwise increase the Government's difficulty in managing the crowds in a Fair Venue; cause any nuisance, damage, disturbance, annoyance, inconvenience or interference to a Fair Venue or to any persons at the venue; or be offensive, insulting or abusive to any persons at a Fair Venue; (b) behave otherwise than in an orderly and decent manner; or (c) bring any furniture, equipment (including loud hailers, amplifiers and other audio, visual or electronic devices), goods, chattels (including banner stands, ornaments and articles) into a Fair Venue except as is necessary for conducting business in the licence area.
A Licensee must not assign or transfer any rights, benefits or obligations under the Licence Agreement to any person.
A Licensee must comply with all terms and conditions in the Licence Agreement and any directions given by the Government in connection with the implementation of prevention and control measures against infectious diseases, failing which the Government will be entitled to exercise its rights under the Licence Agreement, including the right to early terminate the Licence Agreement. A Licensee must immediately vacate the stall upon termination of the Licence Agreement.
The rules on the use of the Fair Venues in the Second Schedule of the Licence Agreement include, among others, the following -
1. The height of dry goods stalls, thematic stalls and fast food stalls must not exceed 3m from ground level. The height of wet goods stalls must not exceed 4.5m from ground level.
2. For wet goods stalls with a height of more than 3m from ground level, the Licensee must, at his own costs, provide the Department with a certificate issued by an Authorized Person, a Registered Structural Engineer, or a Competent Person under the Construction Sites (Safety) Regulations (Cap. 59I) to certify the structural safety of the stall structure before the Fairs are opened to the public.
3. Stalls must not be used for gambling, or for any unlawful or immoral purposes;
4. Games are not allowed to be played at the stall;
5. Sale of Permitted Commodities by just showing samples / patterns is prohibited. Any Permitted Commodities sold at a Fair Venue must be immediately delivered to the customers upon their payment for the commodities. A Licensee may not request any customer to tender payment at the venue pending subsequent delivery or collection of the commodities at other places; and
6. Pure promotion, advertising, membership/customer enrolling activities, fund-raising activities and any other activities without the sale of tangible commodities are prohibited.
Applicants (especially those who intend to use cylinders containing helium gas at the stall) are advised that according to the Second Schedule of the Licence Agreement, Licensees of non-designated stalls must not keep, store or use any helium cylinder in the licence area, whereas Licensees of the designated stalls may keep, store or use no more than 150 litres of helium (i.e. the maximum quantity of helium for which a licence is not required pursuant to the Dangerous Goods (Application and Exemption) Regulation 2012 (Cap. 295E)) in the licence area.
A Licensee must maintain the licence area and its surroundings in a clean, tidy and hygienic condition. Special attention should be drawn to keeping the ground surface of the venue in a state of good repair.

Electricity Supply

Illumination facilities will be provided for all Lunar New Year Fairs. No artificial lighting other than electrical lighting may be used by a Licensee. A Licensee may use batteries to supply electricity for his/her stall. The Department will appoint registered electrical contractors in the Lunar New Year Fairs to provide additional illumination facilities and electricity supply. A Licensee may, at his/her own cost, hire the services from the registered electrical contractors appointed by the Department if he/she needs additional illumination facilities or electricity supply.

Unsold Flowers and Plants

A Licensee must deliver up vacant possession of the licence area in a clean and hygienic condition and remove any fixtures, fittings and removable objects (such as the stall structure and all paraphernalia, together with all refuse, debris and unsold commodities (whether damaged or otherwise)) from the licence area before 7:00 a.m. (or before 9:00 a.m. for Victoria Park) on 10 February 2024. The Government reserves the right to take over or dispose of without any compensation to any person any fixtures and fittings so installed or erected and any objects not collected or removed by the Licensee.
A Licensee must not destroy, damage or abandon any unsold commodities at and in the vicinity of the licence area.
Notwithstanding the provision of paragraph 22 above, a Licensee may of his/her own accord surrender to the Department any unsold flowers and plants left behind at the stall and at no charge to the Department, before 7:00 a.m. (or before 9:00 a.m. for Victoria Park) on 10 February 2024, on the clear understanding that the Department will have absolute discretion in deciding as to whether or not to accept any or all of such flowers and plants and the manner of disposal of those flowers and plants that are accepted by the Department.

Other

It is in a Licensee's own interest to maintain at his/her own expense a public liability insurance policy exclusively for the Licence Agreement with an insurance company authorized under the Insurance Ordinance (Cap. 41).

Public Enquiry

Any person who needs clarification on the remaining stall matter or information on stall selection matter may call the following telephone number of respective offices of the Department-
1. For Victoria Park and Tat Tung Road Garden New Year Fairs - 2879 5706
2. For Fa Hui Park New Year Fair - 2309 2086

Food and Environmental Hygiene Department
6 December 2023

Note 1: In case Tropical Cyclone Warning Signal No. 8 or above is hoisted or expected to be hoisted, or Black Rainstorm Warning Signal or “extreme conditions” after super typhoon announced by the Government is/are in force or expected to be in force, for any duration within 2 hours before the commencement of the leasing remaining stalls, the leasing on am/pm session on that day will be cancelled. The date and time of the leasing will be announced separately.

Note 2: This Public Notice only contains a brief description of the Licence Agreement for applicants' reference. Applicants should read the full Licence Agreement (at Annex V) carefully before the selection.

Note 3: Where there are discrepancies between the English version and the Chinese version of this Public Notice, the English version prevails.